Brady’s Comparative Disadvantage

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(Image via boston.com)

Yesterday, in a 20-page statement yesterday, NFL Commissioner Roger Goodell explained his reasoning to uphold Tom Brady’s four game suspension for his role in “DeflateGate.” The rationale behind upholding the suspension was based on Brady’s inability to bring otherwise convincing evidence that he was not involved, and that “On or shortly before March 6, the day that Tom Brady met with independent investigator Ted Wells and his colleagues, Brady directed that the cell phone he had used for the prior four months be destroyed,” according to Goodell’s statement. Essentially, Brady brought to Goodell’s attention that he had destroyed the phone five days before Brady’s appeal hearing. Goodell stated in his letter, “He did so even though he was aware that the investigators had requested access to text messages and other electronic information that had been stored on that phone. ‎During the four months that the cell phone was in use, Brady had exchanged nearly 10,000 text messages, none of which can now be retrieved from that device. The destruction of the cell phone was not disclosed until June 18, almost four months after the investigators had first sought electronic information from Brady.”

Yes, this information seems to rally even more circumstantial evidence against Brady’s case. But, it’s important that we take a look at the footnote 11 on page 12:

“After the hearing and after the submission of post-hearing briefs, Mr. Brady’s certified agents offered to provide a spreadsheet that would identify all of the individuals with whom Mr. Brady had exchanged text messages during that period; the agents suggested that the League could contact those individuals and request production of any relevant text messages that they retained. Aside from the fact that, under Article 46, Section 2(f) of the CBA, such information could and should have been provided long before the hearing, the approach suggested in the agents’ letter — which would require tracking down numerous individuals and seeking consent from each to retrieve from their cellphones detailed information about their text message communications during the relevant period — is simply not practical.”

So, all of the headlines telling you that Brady deliberately destroyed his cell phone and did not offer to help are shadowing the footnote. As you can see, the media is deciding what to publish without understanding all of the facts and making the general public believe that Brady destroyed his phone and did not offer to help collect messages, phone logs, etc., which is simply not the case. The league refused to try to gather this information, but of course only noted this in a footnote thinking nobody would read it.

Recently, Cowboys defensive end Greg Hardy had his 11-game suspension for domestic violence reduced to four games. Hardy was convicted in a trial, but his legal case was dismissed due to the plaintiff’s [his ex-girlfriend Nicole Holder] inability to cooperate. Thus, Brady and Hardy will apparently serve the same amount of games, even though Brady “more probably than not” messed with some footballs while Hardy was convicted in a bench trial of physically abusing his ex-girlfriend.

Letroy Guion of the Green Bay Packers was recently suspended three games for his arrest for multiple felony charges when police stopped him and found almost $200,000 in cash, a firearm, and 357 grams of marijuana. Guion agreed to pay a $5,000 fine and probation to continue his NFL career, and is now appealing his suspension from the league. Again, he was suspended only three games for being arrested on multiple felonies.

San Diego tight end Antonio Gates, New York Jets defensive end Sheldon Richardson, and Dallas linebacker Rolando McClain were all suspended this month for PEDs. Their suspension? Four games.

Today, Brady released a statement explaining his innocence, proclaiming “I replaced my broken Samsung phone with a new iPhone 6 AFTER my attorneys made it clear to the NFL that my actual phone device would not be subjected to investigation under ANY circumstances…I have never written, texted, emailed to anybody at anytime, anything related to football air pressure before this issue was raised at the AFC Championship game in January. To suggest that I destroyed a phone to avoid giving the NFL information it requested is completely wrong.”

A few hours later, Patriots’ owner Robert Kraft spoke out against the NFL’s decision and apologized to fans, calling the decision “unfathomable.” Kraft defended Brady and his integrity once again, and announced, “I was wrong to put my faith in the league.” In the same press conference, Patriots head coach Bill Belichick refused to answer any questions about Brady’s ongoing battle.

Kraft continuing to speak out and apologizing to his fans was quite the statement today. And, it’s hard not to believe him. I’m not saying Tom Brady is innocent, because it’s possible that Brady is lying to Kraft as well, but I do believe that the NFL has improperly handled this case and blown a very small issue of the game out of proportion. I understand upholding the integrity of the game, but why would Brady and the Patriots continue to support him if they knew he did something wrong?

All in all, all of the evidence is circumstantial and there is no absolute proof of wrongdoing. Brady has not broken the law like Hardy or Guion nor has he used PEDs, another big no-no in sports. Still, the media continues to portray #12 as a villain as if he did something unspeakable, and have not relayed all of the facts. His court case will likely take place in New York (NFL headquarters) or Minnesota (NFLPA headquarters), and the NFLPA is trying hard to make sure the federal court takes on the case before September 4. The Patriots open up the NFL season September 10 against the Pittsburgh Steelers.

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